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Moren v. Illinois Department of Human Rights

Case Date: 05/16/2003
Court: 1st District Appellate
Docket No: 1-01-2080 NRel

SIXTH DIVISION
MAY 16, 2003



1-01-2080
 
 
AMANDA MOREN,

                                                    Petitioner-Appellant,

          v.

THE ILLINOIS DEPARTMENT OF HUMAN
RIGHTS, ALICE M. RALPH, Chief Legal
Counsel Designee to The Illinois Department of
Human Rights, and THE ILLINOIS
DEPARTMENT OF CHILDREN AND
FAMILY SERVICES,

                                                     Respondents-Appellees.

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) 		Petition for Review of Order of
The Illinois Department of Human Rights





No. 2000 CF 1135


OPINION UPON DENIAL OF REHEARING

JUSTICE TULLY delivered the opinion of the court:

On October 28, 1999, petitioner, Amanda Moren, filed a complaint with respondent, TheIllinois Department of Human Rights (the Department), alleging racial discrimination againstrespondent, The Department of Children and Family Services (DCFS). On September 26, 2000, theDepartment dismissed petitioner's complaint holding that it lacked jurisdiction over certainallegations because the complaint was untimely and that there was a lack of substantial evidence tosupport the remaining allegations. Petitioner filed a request for review with the Chief Legal Counselof the Department. On May 7, 2001, the Chief Legal Counsel Designee (the Designee), Alice M.Ralph, entered an order sustaining the dismissal of petitioner's complaint. On June 18, 2001,petitioner filed a petition for administrative review in this court pursuant to section 3-113 of theAdministrative Review Law (735 ILCS 5/3-113 (West 2000)) and Supreme Court Rule 335 (155 Ill.2d R. 335). We affirm.

Before reaching the merits of petitioner's petition for review, we must address the issue ofjurisdiction. We have an independent duty to determine whether our jurisdiction for direct judicialreview of an administrative order has been properly invoked even though the parties have not raisedthe issue. Hardee's Food Systems, Inc. v. The Illinois Human Rights Commission, 155 Ill. App. 3d173, 175 (1987). Section 8-111(a)(1) of the Illinois Human Rights Act provides that "anycomplainant or respondent may apply for and obtain judicial review of any final order *** by filinga petition for review in the Appellate Court within 35 days from the date that a copy of the decisionsought to be reviewed was served upon the party affected by the decision." (Emphasis added.) 775ILCS 5/8-111(a)(1) (West 2000). The 35-day time limit is jurisdictional and a complaint must bedismissed for lack subject matter jurisdiction if a petition for review is not timely filed. See Nudell,v. The Forest Preserve District of Cook County, 333 Ill. App. 3d 518, 522-23 (2002) (consideringpetition for administrative review filed in the circuit court).

In the case before us, the Chief Legal Counsel Designee issued an order and served it onpetitioner by mail on May 7, 2001. Petitioner filed her petition for review in this court on June 18,2001. The time between serving the order and filing the petition was 42 days. In our originaldisposition, we concluded that the petition was untimely and we lacked jurisdiction to consider themerits of petitioner's appeal.

Petitioner filed petition for rehearing, arguing the her petition for administrative review wastimely. Petitioner argued that the Department's decision was served on her by mail, and that theDepartment's regulations provided her an additional five days to file her petition for review becausethe decision was filed by mail. See 56 Ill. Adm. Code